Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1887-04-13

APPLICATION FOR PATENT.
Register and Receiver they become q part Of
the record, and can neither be Withdrawn nor
returned, but must be transmitted to the Gen
eral Land Once.
An application win be rejected whom the
scription OF the premises is erroneous or
sufficient.
Application for patent will be rejected be.
cause:
First The notice was published without the
knowledge of the Register.
Second-The notice was not published in a
new spsper designated as published nearest the
claim.
Third-Record title was found defective,
and
Fourth--A previous application had been
made for the same premises, which was with
drawn pending 9 suit in Court commenced by
the adverse claimant.
An application for patent will BIO rejected
when the survey does not accurately define the
boundaries of the claim.
Where the claim was not located in accord.
ance with law.
Where several parties own separate and dis
tinct portions OF 0 claim, application for
patent may be made by either for tint at portion
OF the claim owned by him; but where several
parties W undivided interests in z mining
claim all should Join in an application for =
patent.
A person or association may purchase as
many placer locations as the local law admits,
and embrace them all In one application for a
patent.
Two or more lodes cannot be embraced in
one application for q patent except for placer
claims embracing two or more lodes within
their boundaries
Papers sworn to before any person purport-
Ing to act as q deputy for the Register and Re-
cciver cannot be recorded as evidence.
In all patents for mining claims situated
within the interior boundaries of G town site
q clause Is Inserted excepting and excluding
all town property, rights upon the surface,
and all houses, buildings, structures, lots,
blocks, streets, alleys or other municipal i'm
provements not belonging to the grantee here
In, and all rights necessary or proper TO the
occupation, possession and enjoyment OF the
same"
Publication Of notice must be made n only
one newspaper for the period Of 60 days.
Notice must be published 10 consecutive
weeks in weekly newspapers. and in daily
newspapers 60.dsys must elapse between the
fret and last insertions.
Where the Register designates hedaily issue
of q newspaper for publication of notices Of a
mining application for patent IL Ia not q COM
pliEnoe With law TO change to the weekly edi.
uon OF tue same paper without authority Of
the Register.
The existence OF q salt spring on q tract of
land withdrsws Il from the operation Of the
homestead and presumption laws. A hearing
for the purpose of proving the agriculture
character OF such land 10 not allowed. Land
containing valuable deposits Of slate may be
entered under the mining Acts.
Adverse CLAIMS.
Adverse claimants must file . separate and
distinct clsim against each application which
1t is alleged conflicts with the premises owned
by such adverse cIa.msnt
The pspefa In an adverse claim, once filed
cannot be withdrawn, but becomes q part Of the
record.
When an adverse claim has been fled 1t can.
not be amended so as to embrsce q larger per.
ton OF the premises than thu described In the
original adverse claim.
An adverse claim must be made out In
proper form and flied Ia the proper local office
during the period OF publication OF the appli.
cation for the patent 10 be effective.
1t is the duty Of the adverse claimant o
suit In proper form within the re-
quired time. and II he trusts the uncertain
medium of the United States mail he must
abide the consequences, should the delay
ensue, through misfortune or accident. Should
the failure to commence suit be the result OF
the cor rupt or dishonest act onof his attorney
the Interior Department cannot redress the
wrong.
An adverse claimant should set forth in de.
tail the facts upon which he bases his adverse
claim. A statement In general terms, embody.
ing conclusions Of law, without stating the
facts specially, Will not be considered ia evi-
dence.
An adverse claimant should show a compli.
ance with the local laws ia recording hrs claim
and in regard TO expenditures, aud shall nls a
copy Of the original notice of his location, and
show the nature or extent Of the conflict
alleged.
An allegation of parties 10 q snis that they
compose The company is sufficient, aud they
are not required to prove that they are the
original ~locators or the identical parties who
present the adverse claim.
Aaurrvy rru.y m .rDrpa.,
Where land is of little. II any value. for agri.
cultural purposes, but is essential 10 the
proper development Of mining claims. n
should be disposed Of under the Mining Act.
Where lands containing valuable mineral
deposits have been Included In an agricultural
entry, said entry will be Cancelled at any time
prior to issuance OF patent, upon satisfactory
evidence OF the existence of such valuable de-
posts.
Where valuable deposits of mineral are dis.
covered upon o tract after the same sas been
entered as agricultural, but before I tent has
been Issued. the parties claiming the mine
may make application for patent for same.
and the agricultural entry will be cancelled h.
that portion of the land embraced by said
mining claim.
Where mineral deposits are discovered on
Agricultural lands after the patent has been
with the patent.
Agricultural College scrip cannot be
ceived In payment for claims.
ALIENS.
A foreigner may make n mining location
dispose OF 1t. provided he becomes a citizen
before disposing OF the mine. Proof that the
party was not q citizen before disposlng OF hts
claim must be afhrmstively shown.
Locators and intermediate owners. other
than applicants. will not be presumed aliens,
In the absence Of allegation or objection prior
to issuance of patent.
The portion OF u mining claim sold to an
alien cannot be patented while such owner IL
an alien; but on his declaration, o become a
citizen his right dates back to his purchase,
aod ne may thereupon secure United States
patent for his claim.
CROSS LEpaEs
Revised Statutes. Section 2.336:
Wnere TWO or more led ges GROSS or intersect
each other, priority Of title shall govern, and
sucn prior location shall be entitled to all ore
or mineral eont'ined within the space Of inter-
secton, put the subsequent location shall have
the right OF way through the space OF inter
section Tor the purpose Of the convenient
WORKING or the mine. And where two or more
veins unite the oldest or prior location shall
tnEe the vein below the point OF union, in
ciudihg ali the space Of intersection.
TUNNELS.